Types of family matters dealt with in Provincial Court
The Provincial Court deals with the family matters listed below under various British Columbia laws.
Parenting arrangements and support
The Court helps separated couples to agree on parenting arrangements<p><span lang="EN-US">The arrangements about how guardians will parent their child together. Parenting arrangements include how parental responsibilities and parenting time are shared.</span></p> and financial support under the Family Law Act<p>The main provincial law that deals with family law issues in BC.</p>. Judges conduct hearings and make decisions when a couple cannot agree. Judges can also make protection orders to protect at-risk family members from family violence<p><span lang="EN-US">Family violence includes physical, sexual, and psychological or emotional abuse of a family member. Family violence does not include self-defence. See the definition in section 1 of the </span><span lang="EN-US">Family Law Act</span><span lang="EN-US">. </span><span> </span></p>.
The Provincial Court does not make orders under the Divorce Act<p>A federal law. Divorce Act matters can only be addressed in BC Supreme Court, not in BC Provincial Court.</p>. This is a federal law that only applies to married spouses. In BC, only the BC Supreme Court deals with divorce.
FAM 05 Guardianship Applications When There Is An Existing Order
BC Supreme Court Online Help Guide
Child protection
The Court conducts hearings to decide whether parents’ care of a child should be supervised by a social worker or whether the child must be removed from their parents’ care because of abuse or neglect, under the Child, Family and Community Service Act. They also conduct family case conferences to help families and social workers agree on what is necessary to reunite the family.
Child, Family and Community Service Act
Provincial Court (Child, Family and Community Service Act) Rules
Enforcement of support orders
The Court makes orders to collect unpaid child and spousal support<p><span lang="EN-US">Financial support paid to a former spouse under an agreement or court order. It used to be called maintenance and is sometimes called “alimony” outside BC.</span><span> </span></p> under the Family Maintenance Enforcement Act<p>A provincial law that deals with the enforcement of maintenance orders and arrears orders.</p>.
Family Maintenance Enforcement Act
Interjurisdictional support orders
The Court makes orders about child and spousal support where the parties live in different jurisdictions (provinces, states and countries) under the Interjurisdictional Support Orders Act.
Adult guardianship
The Court makes orders to protect abused or neglected adults who are unable to seek assistance for themselves due to illness, injury or some other condition under the Adult Guardianship Act.
Provincial Court (Adult Guardianship) Rules
Child wrongly removed to or retained in another country (Hague Convention)
Both the Provincial Court and the BC Supreme Court can hear applications regarding the return of a child believed to have been wrongfully removed or retained under the Hague Convention on the Civil Aspects of International Child Abduction.
International Child Abductions: A Guide for affected parents (Government of Canada)